A recent case that I have been dealing with has highlighted the importance of understanding the jurisdiction where you are allowing to travel with your spouse. The case involves a child who was taken to Lebanon by his father, with my client's consent, and now has not returned from Lebanon with the child. The parties have been divorced and are in a shared parenting arrangement prior to the father abducting the child.
The father has been charged with abduction under section 282 of the Criminal Code of Canada & Interpol is now involved. While it may seem at first blush that this is a simple case where Interpol ought to pick up the child and return him home - this is far from the case. A number of complicating factors exist. Firstly, Lebanon is not a signatory to the Hague Convention on the Civil Aspects of Child Abduction which is a treaty that provides for the expeditious return of children who have been abducted. Secondly, the courts in Lebanon do not recognize parental abduction as a offense, in fact, in my discussions with a counsel in Lebanon, the courts in Lebanon have a difficult time rationalizing how a parent could kidnap his or her own child. Thirdly, in Lebanon one must deal with not only the civil courts but also the religious courts as well. Frankly put, a mother does not enjoy equal rights to the father in the eyes of the religious court.
The approach required for the return of the child differs with each country. Customs, traditions, religion and political corruption are all issues that one has to be conscience when dealing with an abduction to a foreign jurisdiction. The Department of Foreign Affairs has a unit which assists parents who are grappling with this problem.
The process to have the child returned will be long and cumbersome for our client. Parents should always think twice and seek advice before executing any documents providing for travel with the child.
The father has been charged with abduction under section 282 of the Criminal Code of Canada & Interpol is now involved. While it may seem at first blush that this is a simple case where Interpol ought to pick up the child and return him home - this is far from the case. A number of complicating factors exist. Firstly, Lebanon is not a signatory to the Hague Convention on the Civil Aspects of Child Abduction which is a treaty that provides for the expeditious return of children who have been abducted. Secondly, the courts in Lebanon do not recognize parental abduction as a offense, in fact, in my discussions with a counsel in Lebanon, the courts in Lebanon have a difficult time rationalizing how a parent could kidnap his or her own child. Thirdly, in Lebanon one must deal with not only the civil courts but also the religious courts as well. Frankly put, a mother does not enjoy equal rights to the father in the eyes of the religious court.
The approach required for the return of the child differs with each country. Customs, traditions, religion and political corruption are all issues that one has to be conscience when dealing with an abduction to a foreign jurisdiction. The Department of Foreign Affairs has a unit which assists parents who are grappling with this problem.
The process to have the child returned will be long and cumbersome for our client. Parents should always think twice and seek advice before executing any documents providing for travel with the child.